Tag Archive for: car accident

winter driving

It’s that time of year again — winter driving season. After examining data collected by the Auto Insurance Center and the National Highway Traffic Safety Administration, USA Today concludes that Wisconsin drivers have an average of 40 more fatal accidents each winter than they do at other times of the year.

While not all accidents result in fatalities, even a minor accident during a winter storm can be a big deal for Wisconsin drivers. The state’s tort law says you cannot blame the weather as a factor in causing a crash. Instead, the court will assign proportionate responsibility, or liability, to each driver involved.

The best way to avoid ending up in a winter car accident is to practice safe driving.

Be Prepared

Make sure to maintain your car in good working order, with functioning a functioning defrost system and windshield wipers. If you use snow tires, install them at the beginning of the season so that you’re not caught off guard by the first heavy snowfall.

Never leave your driveway without carefully removing the snow and ice from windows and the top of the hood. Everyone in the car, not just those riding in the front, should have their seatbelt buckled.

Before you set out, check 511WI to get the latest updates about weather conditions and road closures.

Go Slow and Steady

On snow and ice, your car won’t have as much traction, so your best defense against having to brake suddenly–which could cause you to lose control–is to drive slowly and keep a greater distance than you normally would between yourself and the vehicle ahead. Never use cruise control when driving in winter weather conditions.

When approaching a hill, don’t accelerate suddenly, as you could spin out of control. Likewise, never stop on a hill if you can help it. The extra acceleration needed to move forward could cause you to lose traction.

Use Caution

Be extra cautious when approaching and passing trucks, which can shed snow and ice directly on to your vehicle. Likewise, stay at least 200 feet behind snowplows and be aware that they generate a field of snow mist that reduces visibility greatly when you go to pass them.

Keep in mind that bridges and overpasses freeze before other road surfaces and use extra caution when driving over them.

Wisconsin state law mandates that driver use their low beams whenever weather conditions make it hard to see objects 500 feet ahead. Your headlights will also make it easier for other vehicles to see and steer clear of you.

Have You Run Afoul of the Winter Weather?

At Gingras, Cates, and Wachs, we know how frustrating it is to drive on winter roads. We also know how to fight aggressively for your rights. If you’ve been in a winter accident, contact us to learn if we can assist you.

Uber Accident

Ridesharing and using services like Uber and Lyft have become a frequent mode of transportation for many Wisconsin residents. Unfortunately, as the number of people using rideshares has increased, so has the number of car accidents involving ridesharing vehicles. If you were injured as a passenger in an Uber or Lyft ride, you may be entitled to compensation for your injuries.

Passenger Rights After a Rideshare Accident

When you choose a rideshare service, you trust that the vehicle you are in is well-maintained and that you will arrive at your destination safely. Of course, auto accidents can happen any time. When they do, you could find yourself needing both immediate and long-term medical care. You could also find yourself unable to work because of your injuries.

Whether the accident was the Uber or Lyft driver’s fault, or another driver’s fault, you should not have to pay your own medical expenses for injuries stemming from the accident. You may either be entitled to claim damages under the liability insurance policy provided by the ridesharing company or obtain compensation from the other (non-ridesharing) driver’s insurance policy, or both.

Ridesharing companies require their drivers to have personal auto insurance policies that comply with Wisconsin law, but they also provide up to $1 million of auto liability coverage designed to protect passengers. This means that if an Uber or Lyft driver is responsible for causing an accident that injures a passenger, the ridesharing company’s insurance policy should cover medical expenses and other costs related to the accident. Some ridesharing drivers also choose to purchase their own commercial liability insurance policies.

Steps to Take After an Injury Accident in an Uber or Lyft Ride

If you were involved in an accident during an Uber, Lyft, or other rideshare service ride, you should take the following steps:

  1. Seek medical attention. Even if you don’t think you were seriously injured, it’s always a good idea to get checked out after an accident, as some injuries aren’t immediately apparent.
  2. Document the accident. Make accurate notes as soon as possible after the accident, documenting what happened. Be sure to also document the service you used, when and where you were picked up, and what your ultimate destination was.
  3. Don’t sign anything before talking to an attorney. While you may feel pressured to accept an insurance company settlement, doing so might not be in your best interest. Don’t sign off on a settlement or accept payment without talking to a personal injury attorney who can advise you on your legal rights.

Gingras, Thomsen & Wachs, LLP Can Help

Accidents involving Uber, Lyft, or other ridesharing services can be complicated. It can be tough to determine liability, especially if there are multiple insurance policies that are potentially available. Insurance companies, wanting to limit their liability, may try to deny responsibility.

Hiring an experienced Uber or Lyft car accident attorney can help you avoid the frustration that can come from trying to negotiate and deal with insurance companies on your own. When you have a lawyer advocating for your rights, the insurance companies will know you are serious.

To learn more and to schedule a case evaluation, contact the skilled personal injury attorneys at Gingras, Cates & Wachs in Madison, Milwaukee, Waukesha or Eau Claire today.

car accident

Witnessing a car accident can be a nerve-wracking experience, especially if the accident was more than a simple “fender bender.” You are not obligated by law to stop at the scene of an accident, unless you were involved in it. However, pulling over to see if everyone is OK and providing an accurate statement to the police can help protect victims’ rights.

If You Witness a Car Accident:

  1. Pull over (but be safe in doing so.)You should pull over to the side of the road and put on your hazard signal. However, be careful that in doing so, you don’t inadvertently cause another accident or put yourself at risk. Keep a safe distance between the accident and your car in case of a fire or explosion. Providing an accurate account of what you saw can help protect victims’ rights and may become valuable for our Milwaukee injury law representation if legal action follows. This will also help keep the area clear for first responders.
  2. Call 911. Don’t assume that someone else has called 911 already. Contact emergency services to report the accident, providing your name when asked and letting the dispatcher know exactly where the accident occurred. If you think there are injuries, be sure to let the 911 operator know that.
  3. Approach the scene of the accident. If it’s safe to do so after you’ve called 911, you can approach the accident on foot to see if everyone is OK.
  4. Provide help if you’re able and comfortable. If you feel comfortable doing so, you can attempt to get the accident victims out of harm’s way, help stop major bleeding, administer CPR or provide other emergency care to victims while you wait for an ambulance to arrive. Wisconsin’s “Good Samaritan” lawsays people who attempt to provide good faith emergency care at the scene of an accident while waiting for first responders cannot be held civilly liable if something goes wrong, so don’t worry about being sued for trying to help.
  5. Stay calm. You can also help victims by simply staying calm as you wait for police and paramedics to arrive. When the ambulance gets there, step aside and let the professionals do their jobs.
  6. Tell the police what happened. When the police arrive on the scene, you should cooperate with them as much as possible. Provide your contact information and tell them, in your own words, what you saw. Be factual and complete in making your statement.
  7. Understand you may be contacted. As a witness to an accident, you may be contacted later by the police, insurance adjusters, attorneys, or others. Answering their questions and being cooperative can help protect the accident victims’ rights.

Contact GCW

Witness’ statements can play key roles in clarifying what actually happened in any car accident. Gingras, Thomsen & Wachs, LLP Milwaukee Car Accident Attorneys works with accident witnesses regularly as they help car collision victims recover the compensation Wisconsin law says they are entitled to. To learn more, contact the firm today in Madison, Milwaukee, or Eau Claire.

Car Accident

You hope you’re never in a car accident but no matter how careful you are, it could happen. You may not be able to avoid distracted drivers, drunk drivers, fender benders or truck drivers who are going too fast. If you have been hurt in an accident, and you are able, you should take these steps to make sure you are compensated. If you are not able, this blog will help your family or a close friend know what to do in the event you are in a car accident.

At the Accident Scene

Allow the ambulance crew to check you out. Allow them to take you to the hospital if they feel you need care.

If possible, take pictures of the damage to your vehicle and to other vehicles involved from a distance so all vehicles involved are in the frame. Take close-up photos showing the damage to each vehicle. Write down the names, phone numbers and addresses of witnesses. Exchange insurance and contact information with the other driver.

Never say anything that could implicate you as the person who caused the accident. Even if you believe you were at fault, the other driver may share some of the liability for the accident. Anything you say could be recorded to be used against you later.

After the Accident

As soon as possible, contact your own insurance company to let it know you were in an accident. You have an obligation to cooperate with your own insurance company by giving it the information it requests.

You probably will be contacted by the insurance company for the driver who caused the accident. Be careful about giving them any detailed information about the accident before you speak with an attorney.  Insurance companies want to make a profit and pay you the least amount possible, therefore you also should be careful about trying to settle your personal injury claims with them without talking to a lawyer. You may not get enough compensation to cover all your medical bills, and other expenses if you settle your case too early. You can’t tell immediately after an accident how quickly you will heal, and some injuries may not manifest until days or even months later. If you settle with the insurance company too early, you could lose compensation for those injuries.

Within a few days after the accident, go to your regular doctor to get a full checkup. Be sure to follow your doctors’ advice; get a second opinion if you are concerned about what your doctor recommends. Take care of yourself and do everything you can to recover from your injuries.

When Should You Call a Car Accident Attorney?

If possible, call a Milwaukee car accident attorney the same day or the next day after your accident. You’ll want to have the initial consultation as soon as possible while the events of the accident are still fresh in your mind; this also will let your attorney investigate the accident while all the facts are fresh. Additionally, you will want to talk to a lawyer promptly because you have a deadline to file a lawsuit and may have deadlines for filing legal paperwork to notify the defendant about your claim. The statute of limitations — how long you have to file a lawsuit —typically is three years from the day of the car accident. (Your lawyer can tell you about exceptions to this rule). However, if you are filing on behalf of a loved one who died as a result of injuries from the accident, you have two years to file a lawsuit. Deadlines for filing paperwork to notify the defendant of your claim can be as short as 120 days.

Contact Gingras, Thomsen & Wachs, LLP

Contact Gingras, Thomsen & Wachs, LLP today. If you are hospitalized because of a car accident and cannot talk on the phone, a family member or close friend can contact us on your behalf. If you are reading this and a loved one has passed because of personal injuries sustained during a vehicle accident, you can contact our office on their behalf. Our personal injury attorneys have decades of experience in representing car accident victims – we’re here to help.

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101 Putnam St
P.O. Box 390

Eau Claire, WI 54703

8150 Excelsior
Drive

Madison, WI 53717

219 N Milwaukee St
Suite 520

Milwaukee, WI 53202

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